back to article Facebook in the dock: Web giant faces trial for allegedly ripping off data center blueprints

Facebook is set to be dragged before a jury next year to face allegations that its Open Compute Project is built on stolen server and rack technology. In a California district court, Judge Edward Davila today laid out a timeline for the legal battle between the social network and UK data center specialist BladeRoom. The latter …

  1. Anonymous Coward
    Anonymous Coward

    Shaky grounds

    I'm all for sticking it to Facebook, but what is supposedly stolen? A rack/row layout design? Is that even something that you could license? "going back as far as 2011" I was working in some data centers with "modular designs" and we just called it "striping." This was going on at Cisco, and NetApp, probably anywhere where anyone else could have thought of the same thing. How similar is this to scripting, or cubicle design? I see little commercial value in my scripts, yet I get paid to provide them and some support to back it up for a time, but the script in itself is not a special, secret, or readily valuable thing that couldn't be monetized in any other setting. Plus I can reuse them at different sites, and not have to bother with any disclosure agreements, as no inside business secrets have changed hands. Just some simple methods and functions to move text, or automate widgets, or other glue-type tools. Our how I stack a rack, or feed a cable. This is just common knowledge stuff for the industry. Only an idiot would think a simple script is a licensable chunk of code, or a rack-stack-method. And by extension; data center design. How about I sue everyone who ever used my data center design methodology where I just throw devices still in their cartons into a room, then wire them up where they lie? Someone could have done this. Surely I should protect my "special knowledge" of Random Data Center Design℠? I think this is spirit to which the Open Compute Project was formed, and realistically the most valuable piece is the hardware design, and least of which would be rack/row layouts, yet there is some method to that madness, and engineers following the project spec can use these as a base for their own customization.

    I think this boils down to a rack and stack company getting angry because a child could do the same thing; design the layout of some racks in a data center. The only difference in the two designs will be that one is submitted in Crayon. These guys should pick up their drills, mount some racks and floor tiles and stop pretending they have IP of any value than to complete morons and other government agencies will still pay for "designs" everyone else in the industry manages to figure out over a lunchtime. It is known.

    I guarantee you all we could cobble together a fancy shipping container, stick it on a barge and cast off [sic] the plans as an Open Floating Compute Platform and no one would say boo. Unless we have some billions of dollars in our coffers.

    1. Mage Silver badge

      Re: Shaky grounds

      Most patents are rubbish. This looks like no exception, but I've not seen the details. They only need to be doing one thing, not obvious to those schooled in the art, in the patent.

      1. Philip Lewis

        Re: Shaky grounds @Mage

        Patents? From the article, it does not appear to be patents - more like breach of NDA or similar.

    2. John Brown (no body) Silver badge

      Re: Shaky grounds

      "The only difference in the two designs will be that one is submitted in Crayon."

      Maybe this is why a UK company is suing a US company in a California court instead of a UK court.

  2. Anonymous Coward
    Anonymous Coward

    Here's the most astonishing part

    Nothing shaky at all, the company had some innovative solutions for modular data centre construction and, more importantly, cooling, which, after a meeting with FB, suddenly appeared in the Open Compute project. Facebook (and American corporations generally) base much of their business models (and cost of business) on stealing other company's inventions and using high priced lawyers and favourable US courts to ensure that the complaints simply die. Nice to see someone standing their ground!

    1. ckm5

      Re: Here's the most astonishing part

      "American corporations generally) base much of their business models (and cost of business) on stealing other company's inventions" - show us some stats or it's just pure 'bash 'Mercains cause that gets the masses to rise up (or upvote as the case may be)' - e.g. bullshit - or more likely someone who works for the aggrieved company....

      1. Yet Another Anonymous coward Silver badge

        Re: Here's the most astonishing part

        Generally it's a certain galactically-pyrotechnical Korean company that is the worst offender

  3. adnim
    Meh

    Meh

    I been in IT long enough to know that If I was asked to design something it would infringe on prior art that I had no clue about. Or some greedy bastards patent on common sense.

    Live and let live... We should be paying for quality of service not a patent.

  4. Version 1.0 Silver badge

    Meanwhile, back at the ranch ...

    Worth noting that a significant member of the OCP is Goldman Sachs which has a long history of "re-purposing" Open Source projects for its own internal use.

    1. Mike Pellatt

      Re: Meanwhile, back at the ranch ...

      And taking an open source project and "repurposing" it for internal use, without any external redistribution taking place, is against the letter (and spirit) of precisely which open-source licenses ??

      1. dinsdale54

        Re: Meanwhile, back at the ranch ...

        GPL for a start.

        If you remove the GPL licence from the code - as Goldman allegedly did - you are in violation of it, regardless of any distibution.

        1. Anonymous Coward
          Anonymous Coward

          Re: Meanwhile, back at the ranch ...

          If Goldman Sachs are involved it won't be for altruism, it will for making the billionaire 1% even richer. Scumbags.

    2. katrinab Silver badge

      Re: Meanwhile, back at the ranch ...

      Which is kind of the whole point of Open Source.

  5. Geriant

    Commercial ethics?

    "Everybody steals in commerce and industry. I’ve stolen a lot myself; but I know HOW to steal."

    Thomas Edison

    I suppose that if you are going to filch other people's ideas (or reasonably suspect that you may be accused of doing so), it helps to have deep pockets.

    On the other hand, having deep pockets makes you a natural target for patent trolls and other parasites. It's a tough world!

  6. Mage Silver badge
    Devil

    Al Capone

    We can't get Facebook for the obnoxious [privacy] racketeering, get them for something else.

    Obviously if this has no merit facebook should "win". However it would be nice if the case does have merit.

  7. tedleaf

    Adds to my comment the other day about corps/firms that have some doubt over their legality at their begining seem to carry on in the same vein later on...

    1. Anonymous Coward
      Anonymous Coward

      carry on in the same vein later on...

      AT&T and Bell's stolen phone

  8. allthecoolshortnamesweretaken

    Xerox PARC. Apple, Microsoft...

    1. baspax

      Apple licensed the tech from Xerox

      1. Anonymous Coward
        Anonymous Coward

        Apple and Xerox

        Yes they did but the seeds of doubt have been planted and will never go away.

        The 'fake news story' just keeps on being trotted out at times like this. I suppose that the people doing it think that if you keep repeating the same lie enough times, it will come true.

        Those who hate Apple are always gonna hate Apple

        Those who hate Microsoft are always gonna hate Microsoft

        etc

        etc

        Like trying to get a true Arsenal fan to support Spurs. Ain't gonna happen.

        1. Anonymous Coward
          Anonymous Coward

          Re: Apple and Xerox

          'fake news story' is that Mr Trump again?

          Xerox did indeed do the research for the GUI that Apple and then Microsoft claimed as their own, complete with turning the trackerball upside down to create the mouse. Icons menus and windows were all developed by Xerox and yet strangely the very same items have since been patented by companies other than Xerox

          That being said Apple did do sterling work in the 6502 era and along with visicalc created the market that IBM later invaded with the PC and Microsoft's ripoff of CPM86.

          Microsoft did actually create something once, their 4k BASIC for the altair was exceptional however innovation is hard work and either buying up/in or stealing is so much easier.

          There have been a lot of good companies and products that fell by the wayside since the Mac and PC became dominant before they inturn lost out to google. All of these companies ripped stuff from each other as they ripped from the others that disappeared along the way and they all contributed to making the market the way it is today.

          None of them are saints but pretending that people who actually know the history are just haters is the real fake news.

  9. JJKing
    Megaphone

    Reason to side with BladeRoom

    Given Suckerburg's history of originally stealing, ah acquiring code, then I would be more than inclined to believe that BladeRoom are stating the truth.

  10. Anonymous Coward
    Anonymous Coward

    This is exactly why I love FreeBSD - use our code and ideas how ever you want.

    I have no time for nomark businesses trying to sue their way to profit.

    1. Roland6 Silver badge

      This is exactly why I love FreeBSD - use our code and ideas how ever you want.

      But if you contribute to FreeBSD, you do so in the knowledge that this is what is going to happen to your contribution.

      However, if you are in the business of selling your knowledge and expertise, in order to keep your family housed and fed, and subsequently to a "commercial and in confidence" meeting, a potential client produces something looking remarkably like what you showed them and claims it as "all their own work" and donates it to FreeBSD, I think you would be aggrieved, particularly if some AC off-handly dismissed your complaints because you were a "nomark business"....

  11. aaronj2906_01

    Typical BRITISH RUBBISH....

    Time for you BRITS to invent something to stand on....

    If you are running the Microsoft Windows Operating System... You need shut to up and FORMAT your hard drives ... NOW... Stop complaining and INVENT something.

    Come up with your own OS and stop complaining...

    Linus Torvaldz is from from Finland, not the UK.... so no fork of the Linux Kernel is an option to you.

    Invent your own OS, or go away...

    1. MrDamage Silver badge

      Re: Typical BRITISH RUBBISH....

      Let's extrapolate on your diatribe, shall we?

      Trains: The US didn't invent trains, so stop using them.

      Internal combustion engines: The US didn't invent these either, so stop using them.

      English language: The US didn't invent it's own language, so stop using English.

      Units of measurement: The US didn't pioneer either the imperial, or metric units of measurement, so stop using those.

      Numbers: The US didn't invent the current numerical forms we use, so quit using those.

      Computers: Sorry, but steam driven computational engines existed in the UK long before sillycon valley "innovated" other people's ideas, so come up with your own ideas.

      Starts looking grim for the US if you start down the "come up with your own ideas" route, doesn't it?

    2. Steve B

      Re: Typical BRITISH RUBBISH....

      We did both OS and Micros and they were much better, but unfortunately the US "stole" another British artifact -Charlie Chaplin, which IBM then used in an advert to convince the easily led that Charlie Chaplin endorsed the IBM PC and MSDOS to make their business great. Brilliant campaign as it worked and plunged the IT world into darkness.

  12. Anonymous Coward
    Anonymous Coward

    I'm normally against capital punishment but Facebook is a special case where one could make an exception.

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